Faculty of Law

Permanent URI for this communityhttps://hdl.handle.net/1807/75711

Established in 1887, the Faculty of Law is one of the oldest professional faculties at the University of Toronto, with a long and illustrious history.

Today, it is one of the world's great law schools, a dynamic academic and social community with more than 50 full-time faculty members and 15-25 distinguished short-term visiting professors from the world's leading law schools, as well as 600 undergraduate and graduate students.

This collection showcases some of the research and scholarly work by its faculty members.

Browse

Now showing 1 - 20 of 1228

Company Contracts
(Adelaide Law Review Association, 1966) Trebilcock, Michael
The circumstances in which a company will be bound by the acts of its agents pose one of the most vexed questions in company law. The importance of this question needs no emphasis: as a company must, by its nature, always act through the instrumentality of agents any question of a company's contractual liability will invariably involve a preliminary question as to the authority of the relevant agent to bind the company. This article is an attempt at an elucidation of the rules governing the capacity of agents to bind a company.
Rights on a Bill of Exchange
(University of Tasmania Law Review, 1966) Trebilcock, Michael
The United Kingdom Bills of Exchange Act 1882 has been described as 'a work of art' and as 'the best drafted Act of Parliament which was ever passed. This style of thinking seems perpetuated in the Report of the Commonwealth Committee (1964) on the Australian Bills of Exchange Act 1909-1958. Apart from a number of recommendations designed to facilitate the handling of cheques, the Committee recommended almost no changes in other provisions of the Act. Despite this satisfaction with present legislation, it is intended in the course of this article to point to inadequacies in the Act which appear to have been responsible for confusion on fundamental questions.
Consumer Protection in the Affluent Society
(McGill University, 1970) Trebilcock, Michael
"Who is to be Protected from What ?" The U.S. Special Committee on Retail Instalment Sales, Consumer Credit, Small Loans and Usury, appointed by the National Conference of Commissioners on Uniform State Laws, in 1965 commenced their report with this question. With the plethora of "reforms" in the area of consumer protection which have been either enacted or proposed in recent years, one might have supposed that this question is now rather prosaic. It is, of course, clear that present reforms do reflect a recognition by the State of the need to protect the consumer, but simply to say this is not to have identified the underlying philosophy of consumer protection, if any. Why protect the consumer? Against what? What goal do these reforms represent a step towards? These questions are not as prosaic as they look. They have, however, to be clearly answered both in order to evaluate progress to the present, and to determine what remains to be done for the future.
Reform of the Law Relating to Consumer Credit
(Melbourne Law School, 1970) Trebilcock, Michael
Protecting Consumers Against Purchases of Defective Merchandise
(Adelaide Law Review Assocation, 1971) Trebilcock, Michael
Undoubtedly the most common consumer complaint heard today relates to the purchase of shoddy or defective goods or services. Despite increasing attention to the problem both by courts and legislatures, and despite a growing consumer consciousness of the intensity on some views of a "consumer revolution", the magnitude of the problem increases rather than diminishes. For example, over the last ten years, automobile manufacturers, particularly in the matter of safety and quality standards in the industry, have been the subject of a very critical public focus. The U.S. Federal Trade Commission in a recent report concluded that the problem of unsatisfactory consumer experience with new cars and with new car warranties was so serious that a system of State-administered quality control over automobile manufacture was urgently needed. Although this study of the industry was in progress from 1965, the incidence of defects has continued to rise dramatically since that date.
Manufacturers' Guarantees
(McGill University, 1972) Trebilcock, Michael
The Cooling-Off Period in Victorian Door-to-Door Sales Legislation
(Melbourne Law School, 1973-06) Duggan, Anthony
Offloading the Eurymedon
(Melbourne Law School, 1974-09) Duggan, Anthony
Winners and Losers in the Modern Regulatory System: Must the Consumer always Lose
(Osgoode Hall Law School, 1975) Trebilcock, Michael
The Pathology of Credit Breakdown
(McGill University, 1976) Trebilcock, Michael; Shulman, Arthur
Till Debt Us Do Part: A Note on National Australia Bank Ltd v. Garcia
(Law Book Co and Sydney Law School, 1977) Duggan, Anthony
Regulators and the Consumer Interest: The Canadian Transport Commission's Costs Decision
(Thomson Reuters Canada Ltd, 1977) Trebilcock, Michael
Fairness in Advertising: In Pursuit of the Hidden Persuaders
(Melbourne Law School, 1977-06) Duggan, Anthony
The Great Soap Opera
(Melbourne Law School, 1978-09) Duggan, Anthony
The Canadian Antidumping Act: A Reaction to Professor Slayton
(The Canada-US Law Institute, 1979) Trebilcock, Michael; Quinn, John
Regulating the Professions: A Theoretical Framework
(American Enterprise Institute Press, 1980) Wolfson, Alan; Trebilcock, Michael; Tuohy, Carolyn
An Economic Analysis of Cost and Fee Rules for Class Actions
(University of Chicago Press, 1981-01) Dewees, Donald N.; Prichard, Robert; Trebilcock, Michael
The Administration of the Federal Hazardous Products Act
(Thomson Reuters Canada Ltd., 1982) Shaul, Jeffrey; Trebilcock, Michael
Peregrines Go Home
(Juta, 1982) Dyzenhaus, David
Efficiency, Liberty and Equality: Three Ethical Justifications for Regulatory Reform
(1982) Chapman, Bruce; Quinn, J.J
The call for regulatory reform is supported by essentially three kinds of arguments. First, there is the general claim that most regulation has been dominated by redistributive concerns, and that existing policies should be reoriented towards the pursuit of economic efficiency. Second, libertarians argue that some forms of regulation unjustly restrain the exercise of individual freedoms. Third, there is the political concern that regulatory processes suffer from systemic imbalances in the representation of affected interests and that institutional reforms are necessary to correct these biases. In this article, it is argued, first, that the efficiency argument for regulatory change is logically inconsistent because it incorporates a measure of value that does not promote its stated goal. Second, it is argued that the libertarian argument for regulatory reform is seriously inadequate because it fails to articulate a conception of the good that is necessary for identifying the particular forms of liberty that it seeks to protect. Third, it is argued that the "imbalanced representation" argument, while advancing an attractive conception of political equality, provides only partial and uncertain support for the particular institutional reforms that have been proposed. It is argued that the uncertain basis for these reforms is attributable to an exclusively result- or output-oriented conception of political equality. The main purpose of this article is to criticize the coherence and completeness of the three principal arguments currently advanced on behalf of regulatory reform. A difficulty is that it may be misconstrued as an affirmative defence of the regulatory status quo. But the status quo stands as much in need of ethical justification as any proposed reform. While the article does not attempt to provide an alternative normative framework for justifying either regulatory change or maintenance of the status quo, it should clarify some of the ethical issues for those who are willing to undertake these more constructive tasks.

Browse

Browsing Faculty of Law by Issue Date